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(a) Whenever a complaint is made to the Glenwillow Animal Warden, under contract with the Village for animal control services, of the presence of a dangerous or vicious dog within the Village, the Animal Warden or designee shall promptly inspect or cause an inspection to be made of the premises on which it is alleged that such animal is being kept.
(b) The Animal Warden or designee shall determine that a dog is dangerous pursuant to this chapter upon proof by a preponderance of the evidence that such dog meets the definition of a Dangerous Dog as provided for in Section 505.14 of this chapter.
(c) The Animal Warden or designee shall determine that a dog is vicious pursuant to this chapter upon proof by a preponderance of the evidence that such dog meets the definition of a Vicious Dog as provided for in Section 505.14 of this chapter.
(d) If the Animal Warden or designee determines that a dangerous or vicious dog is being kept within the Village, the Animal Warden or designee shall then determine the individual, firm or corporation who, from the records in the Auditor’s office of Cuyahoga County, appears to be the owner of the dog, or if such information is not available, the titled owner of the property upon which the dog is kept, and shall, within five days, cause a written notice to be served on such owner. Notice shall be served by certified mail with a return receipt requested or by personal service. If service of such written notice is unable to be perfected, then the Animal Warden shall cause a copy of the aforesaid notice to be served by ordinary mail which shall be deemed complete upon mailing, and also left with the individual, if any, in possession of the premises on which the dog is kept, or if there is no individual in possession of the premises, he or she shall cause a copy of the notice to be posted on the premises.
(e) The notice required by subsection (d) hereof shall state, in brief, the findings with respect to the dangerous or vicious nature of the dog. The notice shall further state that the owner must comply with the requirements of this chapter within thirty days after service of the notice.
(Ord. 2006-9-83. Passed 9-20-06.)
(b) Every effort should be made to hold a hearing no later than fifteen days following receipt of written demand to the Mayor and at least three days’ notice of the hearing shall be given to the individual who made the written demand for the hearing. Service of the notice of the hearing shall be in the same manner as provided in subsection 505.141(d) of this chapter.
(Ord. 2006-9-83. Passed 9-20-06.)
(a) All hearings requested pursuant to the provisions of Section 505.142 shall be conducted before an Animal Appeals Board which shall be composed of the Mayor or designee, a doctor of veterinary medicine designated by the Mayor, and the Vice Mayor or his designee. The Board may affirm, reverse or modify the finding that the dog is dangerous or vicious by a majority vote.
(b) A copy of the decision of the Board shall be served upon the person who made the written demand for the hearing, by certified mail with a return receipt requested. The decision of the Board shall be final and conclusive, unless an appeal is timely filed in a court of competent jurisdiction.
(c) All hearings held by the Board pursuant to this chapter shall be administrative in nature. At all hearings conducted pursuant to this section, any party may be represented by legal counsel. The rules of evidence utilized by the courts shall not be applicable in hearings before the Board. The Board is hereby empowered to subpoena witnesses and take testimony under oath.
(Ord. 2006-9-83. Passed 9-20-06.)
(a) Any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dangerous or vicious dog as defined in Section 505.14 shall:
(1) Register the dog with the Chief of Police annually, between January 2 and January 20, and whenever a dangerous or vicious dog is newly obtained or newly declared to be dangerous or vicious as provided in Section 505.14 upon such forms as may be supplied by the Chief of Police;
(2) At the time of registration of a vicious dog, provide proof of liability insurance as required by Section 505.14(c);
(3) Identify the dangerous or vicious dog by having a microchip implanted in the dog by a licensed veterinarian together with registration in the database maintained by the veterinarian;
(4) Provide two color photos of the dangerous or vicious dog to the Chief of Police at the time of each annual registration;
(5) Post on the premises, in a conspicuous place where the dog is kept, at least one Village issued warning sign available, upon payment of a fee of ten dollars ($10.00), from the Chief of Police. The sign shall be visible and capable of being read from the public highway or street;
(6) Notify the Chief of Police within seventy-two hours if the dangerous or vicious dog has died or has been sold or donated, and provide the Chief of Police with the name, address and telephone number of the new owner; and
(7) Pay an annual registration fee of twenty-five dollars ($25.00) to cover the administrative expenses associated herewith.
(b) Whoever fails to register a dangerous or vicious dog as provided in this section is guilty of a misdemeanor of the first degree.
(Ord. 2006-9-83. Passed 9-20-06.)
(a) Any person owning, keeping or harboring any dog or cat over the age of six months, shall be required to have such animals currently immunized against rabies by a licensed veterinarian.
(b) All owners or keepers as described in subsection (a) hereof shall maintain a record of such immunization as provided by a veterinarian and they shall provide said proof of immunization to any official so inquiring.
(c) Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsection (b) hereof is guilty of a minor misdemeanor.
(Ord. 1997-10-51. Passed 10-1-97.)
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